The ABC has been accused of publishing serious allegations Australian commandos executed a hogtied Afghan prisoner knowing the claims were false.

Articles in 2020 and 2021 claim the November Platoon of commandos shot and killed an unarmed prisoner during a drug raid in Afghanistan in mid-2012 because there was no room for them on a helicopter.

The platoon’s leader Heston Russell is suing for defamation, saying the ABC took an “artistic licence with the truth” and that he was not deployed in Afghanistan at the time of the alleged killing.

The ex-major says he was “absolutely shocked” to read the articles, saying a piece in November 2021 was published on the eighth anniversary of the death of the only soldier he had lost in Afghanistan.

“I don’t think I’ve ever felt so disrespected, violated, small in my life,” he told the Federal Court as his trial began on Friday.

“To say I felt outraged, to say I felt enraged – I’m running out of adjectives – but I felt emotional.”

Mr Russell says the ABC’s sole source regarding the alleged helicopter incident, a US marine known as “Josh”, was in the air as a door gunner during the night-time raid, could not see any of the Australians on the ground and only heard a “pop” over the radio.

‘It should be checked … tested’

“Frankly when a serious allegation is made … it should be critically assessed, it should be checked, it should be tested and corroborated before it’s published,” said Mr Russell’s barrister Sue Chrysanthou SC during opening submissions.

“That is what the notion of investigation must entail. Shoddy, uncorroborated, reckless reporting is not in anyone’s interests.”

The ABC has been described as “rogue” and “malignant” and committing an “inexcusable abuse of power” against Mr Russell after he filed an editorial complaint about an article published in October 2020.

The national broadcaster is running a public interest defence which Ms Chrysanthou said was “absolutely doomed”.

In emails to ABC journalist Mark Willacy, Josh admitted his memory regarding the alleged helicopter incident during a time of constant combat missions and very little sleep was “pretty hazy” and “fuzzy”.

Claims by Josh that the Australian soldiers on the raid had long wild hair, ear piercings and mostly wore baseball-style hats and tennis shoes were not included in Willacy’s article and were not looked into, Ms Chrysantou said.

Other allegations adderting the Americans did not want to work with November Platoon because of its conduct were also uncorroborated by the confidential sources Willacy spoke with, Justice Michael Lee was told.

“Mr Willacy was happy to malign my client in the worst of ways and to malign the platoon,” Ms Chrysanthou said.

A November 2021 article that reported the Department of Defence had confirmed November Platoon was under criminal investigation was also false and based on an “absurd” interpretation of an FOI response, the barrister said.

In-house ‘bullying’

As other news agencies slammed the ABC’s reporting, Media Watch also criticised the publications.

Willacy and ABC investigations editor Jo Puccini sent aggressive emails to Media Watch disputing the segment and bullied the woman in charge of the editorial process who had suggested corrections to the reports, the court was told.

The ABC eventually published amendments and placed a “clarification” at the bottom of both articles.

A separate article from December 2021, reporting Mr Russell had sold naked photographs through OnlyFans to fundraise for a veterans charity, is also being raised as the former major seeks aggravated damages against the ABC.

The story said he raised $15,000 but had only passed on $5000 to Coogee-based Swiss 8.

In cross-examination, ABC barrister Nicholas Owens SC alleged the ex-soldier had sent a fraudulent invoice to the national broadcaster to back claims he used the remaining $10,000 to buy gym equipment that was given to Swiss 8.

“You are prepared to lie if you think it will advantage you,” Mr Owens said.

“No,” Mr Russell replied.

Willacy will take the stand when the hearing continues on Monday.

-AAP